1. Mediation Costs

The mediation costs shall include:

a- The VIAC administrative fees;

b- A reasonable fee amount for the mediator;

c- Travel and other expenses of the mediator;

d- Travel and other expenses of witnesses requested by the mediator with the parties’s consent;

e- Costs of any expert advice and translator services requested by the parties or by the mediator with the parties’s consent;

The fee amounts payable under the items (a) and (b) mentioned above will be determined by the VIAC President after considering the following factors:

- Value of the dispute

- Complexity of the dispute

- Time spent for handling of the dispute

All the costs and expenses mentioned in items (c), (d) and 9e) above will be the actual costs and expenses incurred.

In submitting an application for mediation and in accepting an invitation to mediation, each party shall pay respectively in advance a fee amount mentioned in items (a) and (b) as determined by the VIAC. When the mediation proceedings are terminated, the VIAC shall calculate all the costs and determine the fee amount to be paid by the parties. If the determined fee amount is highter than the amount paid in advance by the parties, the parties shall pay the unpaid amount. If the determined fee amount is less than the amount paid in advance by the parties, the VIAC shall return the balance to the parties.

2. Model Clause:

In drawing up contracts, the Vietnam International Arbitration Centre (VIAC) recommends that parties use the following Model Mediation Clauses:

“Any dispute arising out of or in relation with this contract shall be resolved by mediation at the Vietnam International Arbitration Centre (VIAC) in accordance with its Rules of Mediation”.

Or

“Any dispute arising out of or in relation with this contract shall be resolved by mediation at the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry (VIAC) in accordance with its Rules of Mediation”. 

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